Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-11-30
The II. and p. Railroad Company
Answer TO the Injunction Suit.

1
| THE QUESTION RAISED As TO WHETHER THERE Is
REALLY CIRCLE AT THE FOOT OF PENNSYLVANIA
AvEsUE-THE COMPANY CLAIMS TO HAVE FOLLOWED
THE ROUTE PRESCRIBED BY LAw-THE QUESTION
CONFUSED BY THE FILLING IN OF THE BRANCH.
This morning. In the case Of the United states
| against the Baltimore and Potomac Railroad Co.,
for an injunction TO restrain the defendant from
terfertng with the work on the Eastern Branch
Bridge, Mr. Totten filed the answer OF the railroad
company. The answer admits the correctness Of
| the declarations made In the Government bill In
reference TO the routes as laid down In the act OF
March IL, 1869, but says that the lateral branch
entered the city between L and NJ streets. as
authorized The line OF the railroad was brought
across the Eastern Branch by trestle-work bridge
from the eastern shore OF the river to shoal water,
nearly opposite 70 the Congressional Gene
terry, and from thence 1t was carried upon an
emDankment within the waters OF the river
down 10 or near the point where street. II ex-
tended would strike the waters OF the river IL Is
apni ~ ~ oetween the embarrassment ana tne
segment OF the circle at the foot Of PennSy ~ ANA
avenue southeast there was large body OF water
at the time the railroad was completed, and the
tide regularly ebbed and flowed between the EN-
bankment and the river shore
| Is THE CIRCLE MYTH?
| The DEFENDANT denies that there is now, or ever
was, "clrcle" at that point. and says the waters
OF the Eastern Branch at the time the limits Of the
city were defined and plan adopted, and also when
tne ralIrOau embarrassment was constructed, cut
the supposed 'circle" at the eastern side little
below or nearly opposite 10 the center, and then
extended by an Irregular line, In nOrtherly direc
| ton and cut the northern circumference far
| above the center. The defendant states, on in
| formation and belief, that a complete circle Is
not SHOWN on any authorized map OF the city. II
| Is submitted as matter OF law that the foot or
pennsylvania avenue is at the western circiln-
ference OF said circle and at all events the said
| avenue cannot extend beyond the center OF the
circle II completed. At the junction OF Pennsy-
yania avenue with the shore, the bank is about 30
feet above the water and the banks are rough un-
even, and precipitousl For long time after the
completion OF the railroad the waters extended
rom north 10 south, between the banks OF the
Eastern Branch ana the embankment beyond the
Junction with Pennsylvania avenue extended and
beyond the supposed circle down or nearly to
! south street.
EXTENDING THE CITY BY FILLING.
Since the railroad was constructed. the answer
asserts large quantities OF earth have washed
into the space and large quantities OF earth, in
the last i've or six years, have been conveyed
there by the District Commissioners and thrown
down over the foot OF Pennsy lvania avenue TO the
segment OF the circle at that point and the earth
has nearly filled up the space, so that the water
Is prevented from flowing beyond the segment OF
the circle. On the northern side there is an inlet
or recess formed by natural stream, the bed OF
which was then and now is more or less iiled with
water
The defendant says that IL is not true that it
occupies any portion OF the ground without au-
thorlty, and AYERS that Its lines have been brought
statute. IL is admitted that there is
a space OF 81 feet between the proposed
LAND or western abutment and the first pier, but
the deIandant ayers that the engineer officer in
charge proposes TO locate the abutment on defend
ants property. The defena claims that the
company was authorized construct a road 10
feet wide, except near Its depots, where a wider
space was granted. The engineer officer proposes
and intends, the defendant Is Informed, TO locate
THE WESTERN ABUTMENT
upon the outer edge OF their 10 feet right OF way
Of laasf 10 faaf
the company In the necessity OF widening their
road on the south or river side cOrrespondingly
The defendant says the water al this point is very
deep and the bottom soft, and 10 I'LL up at this
point vast quantities OF earth and much time and
expense would De required. IL further says that
The proposed location Is within feet OF the pres
enJ track over which trains are carried and the
excavation necessary 10 uncover solid founda-
ZION Tor the abutment would necessarily be
very great and deep. During the progress Of the
WORK pubic travel would necessarily DE inter-
rupted and human life endangered The progress
of trains would be greatly inter1ered with. The
rule III such that IL is not SAFE to place any
solid wall building nearer To the outer edge OF q
Track than . Ieet. The defendant submits that
there Is nothing IN the act OF February %, 1884,
which authorizes the Secretary vi War 10 eHcloarh
upon oostruct or curtail It's rights and IL was the
mention OF congress that the Drdge should begin
at the foot Of Pennsylvania avenue anu not en-
Crodch upon defendants rights
TIE RAILROAD EMBANKMENT
The eHlbanEment OF defendant and its tracks
were completed In 1871 or 1872. and trains began
TO run on regular time July ., 1872. Tue defend
ant mas been since i'll the uninterrupted and IN
questioned possession or IT'S 6d-loot right OF way
The defendant contends that the act OF Dee. Der
~, 1871, prescri0es the limits OF the city s.AII,
Land beginning on the east side Of Rock Greek az u
stone stanuthg In the middle OF the road leading
from Georgetown to Biadensburg: thence along
the middle OF said rUad To a stone standing
on the east side OF Rudy branch oil Goose
creek; thence southeasterly, making an
angle OF 81 degrees 20 minutes with the meridian
W stone standing In the road leading from Bla-
densDurg 10 The Eastern Branch ferry, thence
south 10 stone 50 poles north OF the and west
line already drawn from the mouth OF Goose
Creek 10 the Eastern Branch, then east parallel 10
the said east and west line 10 the Eastern Branch
then with the waters OF the Eastern Branch Poto-
mac River, and Rock Creek TO the beginning
The CIRCLE AGAIN.
According to the original plan q segment OF q
circle was laid out and appropriated for public
space at the foot Of Pennsylvania and Kentucky
avenues and 18th and south streets and accord
Ing 10 the plan the various streets concentrate and
end there AT the said circumference Water street
was laid out on the plan, extending along the
shores OF the Eastern Branch from point on south
y street, at some places submerged In water 10
Inc segment OF CIRCLE. On the river side OF Water
mere Ere no GROUND IN the vicinity OF the
Squire south OF 1850, own>d by the com
pany, BY which they enter the city, ana a
small triangular square southeast Of 1919
The defendant further answers that there is no
reasonable excuse so lar the practical location
and construction OF the bridge is concerned for
tracks There Is plenty or room between Inc
natural bank OF the Eastern Branch at that point
and the outside limits OF defendants right or way
lor the location OF the abutment.
ANOTHER LOCATION SUGGESTED
The bridge with the abutment located 10 feet
farther toward the bank OF the Potomac and the
ioot OF pennsylvania avenue would be Just as good
II more effective and valuable than bridge located
al The proposed point on DEFENDANTS right OF
way. The company says IL has maintained two
tracks at this point that the business OF the com
pany mas increased 50 much that IL has become
necessary 10 put down more tracks, and such WAS
contemplated, but III consequence OF the discus
slOns relating 10 the construction OF the bridge
the construction has been postponed. The point
where the bridge is 10 cross is about 900 feel
from station for cold storage and other stations
and works are In contemplation. It's Iirst pasSen-
ger station Is west OF the tunnel not more than
go rods from the bridge. The defendant submits
that IL Is entitled 10 more than G6 feet right OF
way.
The defendant AYERS that the map filed by the
Government with the bill Is Incorrect and unreIi-
ABLE so far a. the locality or the proposed bridge is
concerned.
AFFIDAyITS AND MATS
The AFFIDAVIT OF ii. II. Carter superintendent.
says that he had idea but what the rights OF the
company would be respected and no officer OF the
company ever thought that the company would be
Called upon 10 pay part OF the expense. He states
ne received a communication from Col Hams OF
April ~, making such demand, but he subse-
quently abandoned such demand
Attached 10 the answer are the affldayits of
A. l. Read, engineer; John A. Partridge engineer
In the construction OF the road. Graz Nontac.I